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How to Avoid a Trademark Objection in India?

Online Legal India LogoBy Online Legal India Published On 28 Nov 2020 Updated On 10 Jan 2023 Category Trademark

Trademark Objection is a stage during your Trademark Registration process when the Trademark examiner puts an objection to your application due to some reasons.

It doesn’t mean your claim is denied, but the registrar wants a valid explanation about the Mark and its Authenticity. The applicant gets an opportunity to explain how the Trademark can avail valid registration.

Thus, it is suggested to know the legal process to reply to a Trademark objection.

Reasons for Trademark Objection:                                      

1. Incomplete/wrong information: A Trademark application should not contain any misleading or false information. An objection can be raised if the trademark application is filed incorrectly.

If your trademark application is filed by an attorney or agent then Form TM-48 must be attached.

2. Similar trademarks exist already: When your projected Mark is the same as an already registered Trademark, there will be an objection.

3.Deceptive Marks: Any Mark that can raise doubt among the consumers about its origin cannot get registration

4.Lack of Uniqueness: If a Mark is not unique, it creates confusion and does not help the consumer in identifying goods or services

5.Offensive words or obscenity in trademark: Any sign with obscenity or offensive word or image in your part Trademark can face objection

How can Online Legal India™ help you?

After receiving the objection, you will have to reply with the proper clarifications to get your desired Trademark registered without any further objection within 30 days. It is suggested to follow up with a recommended Trademark Expert and professional drafting.

This is where Online Legal India™, comes to your rescue. As an alternative to doing all the detailed paperwork by yourself, you can avail of an assigned legal expert here to take care of everything, starting from drafting the reply to any lawful formalities afterwards, in a hassle-free way.

Besides the 360° legal assistance, we will provide you with the Industry-Standard Trademark designs for your brand as per your preferences. By following the directives of the Trademark Act, 1999, we assure you the quickest Trademark Registration process of all.

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